United States v. Hugo Castellon

MEMORANDUM

Hugo Nestor Castellón appeals the district court’s dismissal of his appeal from the magistrate judge’s decision to order his removal to the Western District of Texas for proceedings before the United States District Court for the Western District of Texas. We dismiss the appeal for lack of jurisdiction. See 28 U.S.C. § 1291 ; Fed.R.Crim.P. 32.1(a)(5)(B).

Castellón was sentenced to prison and to a period of supervised release by the United States District Court for the Western District of Texas. After he commenced serving his supervised release term, the probation officer determined that Castel-lón had violated a number of his conditions of supervised release, including the requirement that he report to the probation officer. Following the approved procedures in the Fifth Circuit, which does not require a sworn statement, the probation officer sought an arrest warrant, and one was issued. Castellón was eventually arrested in California, and based upon that warrant the magistrate judge ordered his removal to the Western District of Texas. See Fed.R.Crim.P. 32.1(a)(5)(B). Castel-lón ultimately filed this appeal.

However, the magistrate judge’s removal order was not…